GDPR Article 9 Special Categories, as Implemented by Loi 78-17 Article 6

Regulation (EU) 2016/679, Art. 9; Loi n. 78-17, Art. 6

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In force since 25 May 2018.

A sensitive categories rule binding public and private bodies.

As of 24 August 2026.

What it requires

Obtain an explicit General Data Protection Regulation (GDPR) Article 9(2) legal basis before processing biometric, health, or other special-category personal data of a person in France; Loi 78-17 Article 6 supplies no separate French basis beyond the Regulation's own list.
Do not treat a photograph, video, or audio recording as processable merely because it is public; only the narrow Article 9(2)(e) self-disclosure exception applies to an identifier derived from it.

What it reaches

Excludes recording-derived identifiersNo

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

General Data Protection Regulation (GDPR) Article 9(1) lists biometric data processed for unique identification as a special category of personal data. Loi 78-17 Article 6 restates this special-category list with a cross-reference to the Regulation rather than a separate French list, confirmed against the consolidated Legifrance text. No general publicly-available carve-out narrows this coverage in France; only Article 9(2)(e)'s narrow self-disclosure exception applies.

When LexLint raises it

processes_biometrics
processes_voice
high_risk_decisions

Read the law

Legifrance, consolidated text, Loi 78-17 Art. 6
GDPR Art. 9(1)

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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